Macy v. Roedenbeck
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Southern District of Iowa; John C. Pollock, Jpdge. In the matter of the Bank of Sully, Iowa, bankrupt. Prom an order awarding priority to the claim of Herbert Roedenbeck, E. B. Macy, trustee, appeals.
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Appeal from the District Court of the United States for the Southern District of Iowa; John C. Pollock, Jpdge. In the matter of the Bank of Sully, Iowa, bankrupt. Prom an order awarding priority to the claim of Herbert Roedenbeck, E. B. Macy, trustee, appeals. Herbert Roedenbeck filed a reclamation petition with, the trustee in bankruptcy, for the purpose of impressing a trust upon the general assets of the bank in the trustee’s hands, 'the referee allowed the claim as a prior claim, to participate with other claims of the same class against the actual cash coming into the hands of the…
1Opinion of the Court
ELLIOTT, District Judge.
Upon the facts, in so far as they are material, there is no controversy. Prior to April 17, 1914, the Bank of Sully, Iowa, was a copartnership, composed of Ered C. Andreas and Frank G. Sherman. Both the copartnership and the individual members thereof were thereafter, on April 30, 1914, duly adjudged bankrupts, and E. B. Macy qualified as trustee May 13, 1914.
In March, 1914, Herbert Roedenbeck, a resident of Texas, sent by United States mail, for collection, a note for $2,200, given by Emerson Sherman, which note was inclosed in a letter reading as follows:
“Inclosed…
2Cases cited27 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Mueller v. NugentSupreme Court of the United States · 1902
- Richardson v. ShawSupreme Court of the United States · 1908
- Peters v. BainSupreme Court of the United States · 1890
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
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3Cited by46 opinions
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- Republic Supply Co. of California v. Richfield Oil Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1935
- Hanover Nat. Bank of New York v. ThomasSupreme Court of Alabama · 1928
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